Trusted Southern Ohio Attorneys

Is an oral will valid in Ohio?

On Behalf of | May 16, 2023 | Estate Planning

Ohio residents are wise to think about their estate planning needs early. This can help them with organizing how they want their property distributed, deciding on various issues like a business and being fully prepared for the future.

However, not everyone thinks that far ahead. In some instances, the need for an estate plan happens before they think one will be necessary. In these cases, it is essential to be completely aware of how they can decide and state how their property will be handled. This is when an oral will could be required.

Can I make an oral will and will it be valid?

According to state law, it is possible to make an oral will. When it is made in the “last sickness,” it means that it is being dictated while the testator is dying. With personal property, it must be subscribed by two people who had no interest in the testator’s property, it will be valid if it is done within 10 days of the words being spoken.

This is contingent on the witnesses showing that the person was still lucid and had their memory. The testator cannot have been under restraint at the time. The testator must have asked someone who was with them when they made their will to give testimony as to how the property will be disposed of as part of the document.

In short, the person who is dictating their will needs to be of sound mind and body with people who are not benefiting from the oral will present at the time. Those people will need to attest to its validity and the person’s ability to understand what they were saying and doing.

Anyone creating any type of estate plan may benefit from professional assistance

The oral will is valid if the rules are followed and those who need to quickly create one can do so. Despite it being a legal document, heirs or people who believe they were entitled to properties from the decedent’s estate might dispute it. This can delay the process and be costly and time-consuming.

Being proactive with an estate plan and doing it is written form is frequently a wiser step than waiting until it is urgent and making an oral will. Regardless of the situation, people who are thinking about estate planning should have professional assistance with the entire process. This can be a fundamental part of people of all ages to be adequately prepared for every eventuality.